Missouri Revised Statutes

Modification of judgment as to maintenance or support, when--termination, when--rights of state when an assignment of support has been made--court to have continuing jurisdiction, duties of clerk, clerk to be "appropriate agent", when--severance of responsive pleading.

452.370. 1. Except as otherwise provided in subsection 6 of section
452.325, the provisions of any judgment respecting maintenance or support
may be modified only upon a showing of changed circumstances so substantial
and continuing as to make the terms unreasonable. In a proceeding for
modification of any child support or maintenance judgment, the court, in
determining whether or not a substantial change in circumstances has
occurred, shall consider all financial resources of both parties, including
the extent to which the reasonable expenses of either party are, or should
be, shared by a spouse or other person with whom he or she cohabits, and
the earning capacity of a party who is not employed. If the application of
the child support guidelines and criteria set forth in section 452.340 and
applicable supreme court rules to the financial circumstances of the
parties would result in a change of child support from the existing amount
by twenty percent or more, a prima facie showing has been made of a change
of circumstances so substantial and continuing as to make the present terms
unreasonable, if the existing amount was based upon the presumed amount
pursuant to the child support guidelines.

2. When the party seeking modification has met the burden of proof
set forth in subsection 1 of this section, the child support shall be
determined in conformity with criteria set forth in section 452.340 and
applicable supreme court rules.

3. Unless otherwise agreed in writing or expressly provided in the
judgment, the obligation to pay future statutory maintenance is terminated
upon the death of either party or the remarriage of the party receiving
maintenance.

4. Unless otherwise agreed in writing or expressly provided in the
judgment, provisions for the support of a child are terminated by
emancipation of the child. The parent entitled to receive child support
shall have the duty to notify the parent obligated to pay support of the
child's emancipation and failing to do so, the parent entitled to receive
child support shall be liable to the parent obligated to pay support for
child support paid following emancipation of a minor child, plus interest.

5. If a parent has made an assignment of support rights to the family
support division on behalf of the state as a condition of eligibility for
benefits pursuant to the Temporary Assistance for Needy Families program
and either party initiates a motion to modify the support obligation by
reducing it, the state of Missouri shall be named as a party to the
proceeding. The state shall be served with a copy of the motion by sending
it by certified mail to the director of the family support division.

6. The court shall have continuing personal jurisdiction over both
the obligee and the obligor of a court order for child support or
maintenance for the purpose of modifying such order. Both obligee and
obligor shall notify, in writing, the clerk of the court in which the
support or maintenance order was entered of any change of mailing address.
If personal service of the motion cannot be had in this state, the motion
to modify and notice of hearing shall be served outside the state as
provided by supreme court rule 54.14. The order may be modified only as to
support or maintenance installments which accrued subsequent to the date of
personal service. For the purpose of 42 U.S.C. Section 666(a)(9)(C), the
circuit clerk shall be considered the appropriate agent to receive notice
of the motion to modify for the obligee or the obligor, but only in those
instances in which personal service could not be had in this state.

7. If a responsive pleading raising the issues of custody or
visitation is filed in response to a motion to modify child support filed
at the request of the family support division by a prosecuting attorney or
circuit attorney or an attorney under contract with the division, such
responsive pleading shall be severed upon request.

8. Notwithstanding any provision of this section which requires a
showing of substantial and continuing change in circumstances, in a IV-D
case filed pursuant to this section by the family support division as
provided in section 454.400, the court shall modify a support order in
accordance with the guidelines and criteria set forth in supreme court rule
88.01 and any regulations thereunder if the amount in the current order
differs from the amount which would be ordered in accordance with such
guidelines or regulations.

Court may abate past or future support obligation if custodial parent,
without good cause, fails to honor visitation order, 452.340

Emancipation of child, factors determining, 452.340

(2011) Statutory presumption that an obligation to pay maintenance is
terminated by remarriage can be overcome by an agreement in
writing between the parties that either expressly or by
implication extends that obligation. Simpson v. Simpson, 352
S.W.3d 362 (Mo.banc).

1998

452.370. 1. Except as otherwise provided in subsection 6 of section
452.325, the provisions of any judgment respecting maintenance or support may
be modified only upon a showing of changed circumstances so substantial and
continuing as to make the terms unreasonable. In a proceeding for
modification of any child support or maintenance judgment, the court, in
determining whether or not a substantial change in circumstances has
occurred, shall consider all financial resources of both parties, including
the extent to which the reasonable expenses of either party are, or should be,
shared by a spouse or other person with whom he or she cohabits, and the
earning capacity of a party who is not employed. If the application of the
child support guidelines and criteria set forth in section 452.340 and
applicable supreme court rules to the financial circumstances of the parties
would result in a change of child support from the existing amount by twenty
percent or more, a prima facie showing has been made of a change of
circumstances so substantial and continuing as to make the present terms
unreasonable, if the existing amount was based upon the presumed amount
pursuant to the child support guidelines.

2. When the party seeking modification has met the burden of proof set
forth in subsection 1 of this section, the child support shall be determined
in conformity with criteria set forth in section 452.340 and applicable
supreme court rules.

3. Unless otherwise agreed in writing or expressly provided in the
judgment, the obligation to pay future statutory maintenance is terminated
upon the death of either party or the remarriage of the party receiving
maintenance.

4. Unless otherwise agreed in writing or expressly provided in the
judgment, provisions for the support of a child are terminated by
emancipation of the child. The parent entitled to receive child support
shall have the duty to notify the parent obligated to pay support of the
child's emancipation and failing to do so, the parent entitled to receive
child support shall be liable to the parent obligated to pay support for
child support paid following emancipation of a minor child, plus interest.

5. If a parent has made an assignment of support rights to the division
of family services on behalf of the state as a condition of eligibility for
benefits pursuant to the Temporary Assistance for Needy Families program and
either party initiates a motion to modify the support obligation by reducing
it, the state of Missouri shall be named as a party to the proceeding. The
state shall be served with a copy of the motion by sending it by certified
mail to the director of the division of child support enforcement.

6. The court shall have continuing personal jurisdiction over both the
obligee and the obligor of a court order for child support or maintenance for
the purpose of modifying such order. Both obligee and obligor shall notify,
in writing, the clerk of the court in which the support or maintenance order
was entered of any change of mailing address. If personal service of the
motion cannot be had in this state, the motion to modify and notice of hearing
shall be served outside the state as provided by supreme court rule 54.14.
The order may be modified only as to support or maintenance installments
which accrued subsequent to the date of personal service. For the purpose of
42 U.S.C. 666(a)(9)(C), the circuit clerk shall be considered the
"appropriate agent" to receive notice of the motion to modify for the obligee
or the obligor, but only in those instances in which personal service could
not be had in this state.

7. If a responsive pleading raising the issues of custody or visitation
is filed in response to a motion to modify child support filed at the request
of the division of child support enforcement by a prosecuting attorney or
circuit attorney or an attorney under contract with the division, such
responsive pleading shall be severed upon request.

8. Notwithstanding any provision of this section which requires a
showing of substantial and continuing change in circumstances, in a IV-D case
filed pursuant to this section by the division of child support enforcement
as provided in section 454.400, the court shall modify a support order in
accordance with the guidelines and criteria set forth in supreme court rule
88.01 and any regulations thereunder if the amount in the current order
differs from the amount which would be ordered in accordance with such
guidelines or regulations.